Origins of Muḥammadan jurisprudence
Origins of Muhammadan Jurisprudence
Publisher
Oxford At The Clarendon Press
Publication Year
1950 AH
346 GENERAL INDEX
Khabar al-khāṣṣa, khabar al-wāḥid, defined, 41.
Khaiyāṭ (d. about 300), Muʿtazilite, misrepresents Naẓẓām, 128. Expresses the later attitude of the Muʿtazila, 259.
Koran, subordinate to traditions, 15 f. A criterion for traditions, 28, 30, 45 f. Koran and sunna, 46 f. Its study without traditions dangerous, 53. Its rules often disregarded at the beginning, 181, 188, 191, 224 ff.
Kūfians, 32 f. List of representatives, 7. Their main isnād, 231 f., 234, 237, 239. Authorities and scholars outside their main isnād, 228 f., 230 f., 242. See also Iraqians.
Mālik (d. 179), Medinese, 6 f. His imperfect knowledge of the biography of the Prophet, 23 n. 5. Practises tadlīs, 37. His inconsistency with regard to mursal traditions, 39. His slender link with Nāfiʿ, 176 f. His legal reasoning, 312 ff. His Muwaṭṭaʾ, 6 f., 69. His personal contacts with Zuhrī, 246.
Mālikī school, 6 f., 25, 48, 69, 85, 248, 314.
Marwān b. Ḥakam, Umaiyad governor and Caliph (64–65), often mentioned in traditions concerning Umaiyad practice, 114, 192 f., 195, 197, 200, 221.
Meccans, 8, 161, 173 n. 3, 186, 249 ff. List of representatives, 7.
Medina, fictitiously considered home of true sunna, 8, 53, 76, 84. Its local consensus a provincialism, 83 f., 93. Hereditary transmission of knowledge in Medina denied, 69, 84. Tradition in praise of the “scholar of Medina”, 174. Medina not the starting-point of Muḥammadan jurisprudence, 223. “Seven lawyers of Medina”, 243 ff.
Medinese, list of representatives, 7. Their interest in traditions, 22 f., 26. Their method of interpreting traditions, 23. Sunna of the Prophet originally not a Medinese concept, 62, 76. Their arguments against traditions from the Prophet, 46, 48. Their attitude to them not more favourable than that of the Iraqians, 57. Their authorities among Companions, 25, and among Successors, 243 f. Charged with inconsistency by Shāfiʿī, 79. Not less given to individual reasoning than the Iraqians, 114 f. “Islamicizing” the law not their monopoly, 213, 284. Influenced by the Iraqians, 76, 106, 185 f., 220 ff., 241, 249, 275. Their legal reasoning, 276 ff., 285 ff. See also Egyptians.
Muʿāwiya, Umaiyad Caliph (40–60), often mentioned in traditions concerning Umaiyad practice, 55, 114, 155, 192, 196 n. 2, 199, 206 f., 212.
Muḥammad, see Prophet.
Muḥammadan law and jurisprudence, defined, v. Development outlined, 57, 66 f., 80, 94 f., 98, 188 f., 190 f., 213 f., 222 f., 228, 237, 240 f., 256, 260, 269 f., 275, 283 f., 287 ff., 290, 294, 306, 310, 314, 317 f., 329.
Mujāhid (d. after 100), authority of the Meccans, 114 n. 8. Main transmitter from Ibn ʿAbbās, 162.
Mujtahid, defined, 99. His reward, 96 f. Whether right or wrong, 96, 128. Later restricted meaning of term, 132.
Mursal traditions, 36, 38 f. Older than traditions with full isnāds, 39.
Muʿtamir b. Sulaymān (d. 187), traditionist, 56, 131.
Muʿtazila, called ahl al-kalām by Shāfiʿī, 41, 128. Their hostility to traditions, 40 f., 44 ff. They demand that traditions be “widely spread”, 51 f., 88. Agree with Iraqians in particular, 46, 47 n. 5 and 7, 88. Hostile to disagreement, 95. Their interest in legal theory and positive law, 258 f. Their later attitude, 259. Not taken into account for establishing a consensus, 259.
Muzanī (d. 264), disciple of Shāfiʿī, 6, 282.
Nāfiʿ (d. about 117), freedman of Ibn ʿUmar, 177. Authority of Mālik, 176 f. Alternates with Sālim, ʿAbdallāh b. Dīnār, and Zuhrī in isnāds, 163. Character
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